This following initiative can be filed in any city county or state with ballot initiative rights to create what many call "transparency" in voting but I could jokingly more correctly refer to as "opaque", where people can have a fair voting system with paper ballots and fair voting laws for independent candidates. The plan to put this on the ballot in Arizona and other states. A group the Verified Voting Foundation is proposing this bill for legislative vote, as you know Activism Truth proposes that legislative votes are weaker that direct citizen initiative however, lobbying groups are great resources for the Activism Truth movement to find legislation for the people to put on the ballot using our critical mass organization method. Please join the network of activist minded people who agree to either sign petitions or circulate them so that we can reach a critical mass of voters that can achieve ballot access, allowing citizens to vote on the issue at the ballot directly. Please subscribe to this blog or any other social media tools we utilize to distribute information about the "Activism Truth" movement. Thank you for reading. This information can help save the world. If you don't understand how important this is, please investigate more or contact us directly with any questions you have. It's most crucial you realize what the concept of "permanent ballot access" entails, and how your participation of being aware of the solutions and making a pledge to get involved is the only way the citizens of the United States of America or any other nation in the world can achieve true checks and balances on corruption in government. Either the government is self regulating, and we have all seen how that has turned out for us, or "we the people" create a strong enough "citizenry" with solidarity for Transpartisan reform to improve our government institutions, and we participate in creating the government with the best direct methods possible with the ballot access process.
The long term plan of Activism Truth is to create a Quorum of experts and public debate to bring ideas forward to find ways to improve the bill for the desired results that the bills are designed to create. This way, people can benefit from the concepts of the bill, without having a weak bill that would have unintended consequences. Here is the bill for the Verified Voting Bill.
A. The board of supervisors
of each county, on or before December 1 of each year preceding the year of a
general election, by an order, shall establish
a convenient number of election precincts in the county and define the
boundaries of the precincts. Such election precinct boundaries shall be
so established as included within election districts prescribed by law for
elected officers of the state and its political subdivisions including
community college district precincts, except those elected officers provided
for in titles 30 and 48.
B. Not less than twenty
days before a general or primary election, and at least ten days before a
special election, the board shall designate one polling place within each
precinct where the election shall be held. Upon a specific finding of the
board, included in the order or resolution designating polling places pursuant
to this subsection, that no suitable polling place is available within a
precinct, a polling place for such precinct may be designated within an
adjacent precinct. Adjacent precincts may be combined if boundaries so
established are included in election districts prescribed by law for state
elected officials and political subdivisions including community college
districts but not including elected officials prescribed by titles 30 and
48. The officer in charge of elections may also split a precinct for
administrative purposes. Any such polling places shall be listed in
separate sections of the order or resolution.
C. If the board fails to
designate the place for holding the election, or if it cannot be held at or
about the place designated, the justice of the peace in the precinct, two days
before the election, by an order, copies of which he shall immediately post in
three public places in the precinct, shall designate
the place within the precinct for holding the election. If there is
no justice of the peace in the precinct, or if the justice of the peace fails
to do so, the election board of the precinct shall designate and give notice of
the place within the precinct of holding the election. For any
election in which there are no candidates for elected office appearing on the
ballot, the board may consolidate polling places and precinct boards and may
consolidate the tabulation of results for that election if all of the following
apply:
1. All affected voters
are notified by mail of the change at least thirty‑three days before the
election.
2. Notice of the change
in polling places includes notice of the new voting location, notice of the
hours for voting on election day and notice of the telephone number to call for
voter assistance.
3. All affected voters
receive information on early voting that includes the application used to
request an early voting ballot.
D. The board is not
required to designate a polling place for special district mail ballot
elections held pursuant to article 8.1 of this chapter, but the board may
designate one or more sites for voters to deposit marked ballots until 7:00
p.m. on the day of the election.
E. Except as provided in
subsection F of this section, a public school
shall provide sufficient space for use as a polling place for any city, county
or state election when requested by the officer in charge of elections.
F. The principal of the
school may deny a request to provide space for use as a polling place for any
city, county or state election if, within two weeks after a request has been
made, he provides a written statement indicating a reason the election cannot
be held in the school, including any of the following:
1. Space is not available
at the school.
2. The safety or welfare
of the children would be jeopardized.
G. The board shall make
available to the public as a public record a list of the polling places for all
precincts in which the election is to be held including identification of
polling place changes that were submitted to the United States department of
justice for approval.
H. Except in the case of
an emergency, any facility that is used as a polling place on election day
shall allow persons to electioneer and engage
in other political activity outside of the
seventy‑five foot limit prescribed by section 16‑515 in public areas and
parking lots used by voters. This
subsection shall not be construed to permit the temporary or permanent
construction of structures in public areas and parking lots or the blocking or
other impairment of access to parking spaces for voters.
I. The
secretary of state shall provide through the instructions and procedures manual
adopted pursuant to section 16-452 the maximum allowable wait time for any
election that is subject to section 16-204 and provide for a method to reduce
voter wait time at the polls in the primary and general elections. The
method shall consider at least all of the following for primary and general
elections in each precinct:
1. The number
of ballots voted in the prior primary and general elections.
2. The number
of registered voters who voted early in the prior primary and general
elections.
3. The number
of registered voters and the number of registered voters who cast an early
ballot for the current primary or general election.
4. The number
of election board members and clerks and the number of rosters that will reduce
voter wait time at the polls.
Sec. 2. Section
16-445, Arizona Revised Statutes, is amended to read:
16-445. Filing of computer
election programs with secretary of state
A. For any state, county,
school district, special district, city or town election, including primary
elections, utilizing vote tabulating devices as provided in this article, there
shall be filed with the secretary of state at least two
weeks ten days before the date of the
election a copy of each computer program for each election. The secretary of state shall hold all computer program
software filed pursuant to this section in escrow for three years. the
secretary of state shall securely destroy the software filed pursuant to this
section on the expiration of the three year period.
B. A copy of any
subsequent revision of the computer program shall be filed in the same manner
within forty‑eight hours following the revision.
C. Any tape or disc used
in the programming or operation of a vote tabulating device upon which votes
are counted and any tape used in compiling vote totals shall be kept under lock
and seal, and if there is a retally of votes, the officer entrusted with the
tapes or discs shall submit his affidavit stating that they are the tapes or
discs, or both, used in the election and have not been altered.
D. All materials
submitted to the secretary of state shall be used by the secretary of state or
attorney general to preclude fraud or any unlawful act under the laws of this
title and title 19 and shall not be disclosed or used for any other purpose.
E. Each program tape or
disc or any other material submitted to the secretary of state shall be
returned to the county, city or town within six months after the close of the
election for which it was submitted except:
1. When a court ordered
recount is pending.
2. When a restraining
order is in effect.
3. When any other legal
action is pending.
Sec. 3. Section
16-446, Arizona Revised Statutes, is amended to read:
16-446. Specifications of
electronic voting system
A. An electronic voting
system consisting of a voting or marking device in combination with vote
tabulating equipment shall provide facilities for voting for candidates at both
primary and general elections.
B. An electronic voting
system shall:
1. Provide for voting in
secrecy when used with voting booths.
2. Permit each elector to
vote at any election for any person for any office whether or not nominated as
a candidate, to vote for as many persons for an office as he is entitled to
vote for, and to
vote for or against any question upon on which he is entitled to vote, and the vote
tabulating equipment shall reject choices recorded on his ballot card or paper
ballot if the number of choices exceeds the number which
that he is entitled to vote for the office or
on the measure.
3. Prevent the elector
from voting for the same person more than once for the same office.
4. Be suitably designed
for the purpose used, and be of durable construction, and may be used
safely, efficiently and accurately in the conduct of elections and counting
ballots.
5. Be provided with means
for sealing the voting or marking device against any further voting after the
close of the polls and the last voter has voted.
6. When properly
operated, record correctly and count accurately every vote cast.
7. Provide a durable paper document or
ballot that visually indicates the voter's selections, that the voter may use to verify the voter's choices, that
may be spoiled by the voter if it fails to reflect the voter's choices and that
permits the voter to cast a new ballot. This paper document shall be used
in manual audits and recounts.
Sec. 4. Section
16-535, Arizona Revised Statutes, is amended to read:
16-535. Election marshal;
appointment; powers and duties
A. The board of
supervisors shall, at the time provided in
section 16‑531, shall appoint a qualified voter
of the precinct as election marshal.
B. The election marshal
shall preserve order at the polls and permit no violation of the election laws
and for that purpose is vested with powers of a constable from the opening of
the polls until the count of the ballots is completed.
The election marshal shall also periodically measure the length of waiting
times at that polling place throughout the day, and if the waiting time is
thirty minutes or more, the marshal shall inform the officer in charge of
elections and shall request additional voting machines, voting booths and board
workers, as appropriate. The election marshal may perform the
duties of any other election board member on a relief basis.
Sec. 5. Section
16-602, Arizona Revised Statutes, is amended to read:
16-602. Removal of ballots
from ballot boxes; disposition of ballots folded together or excessive ballots;
designated margin; hand counts; vote count verification committee
A. The ballots cast in
the election shall first be removed from the ballot box and counted without
being opened, except as may be necessary to ascertain that the number of
ballots cast corresponds with the number of names on the poll lists.
B. If two or more ballots
are found folded together appearing as a single ballot, they shall be laid
aside until the count of the ballots is completed. If it then
appears by comparison of the count with the number of names on the poll lists, that the ballots thus folded together were
cast by one elector, they shall be destroyed. If the ballots in the
box are still found to exceed in number the names on the poll lists, the
ballots, except those destroyed, shall be replaced in the box, and one of the
judges shall, without looking in the box, shall draw therefrom, one at a time, and destroy unopened,
a number of ballots equal to the excess, and the election board shall record on
the poll lists the number of ballots so destroyed and shall then sign the poll
list.
C. For each countywide primary, general and presidential
preference election, the county officer in charge of the election shall conduct
a hand count at the central counting center of at least two per cent of the
precincts in that county, or two precincts, whichever is greater. The
county political party chairman for each political party that is entitled to
continued representation on the state ballot or the chairman's designee shall
conduct the selection of the precincts to be hand counted. The precincts
shall be selected by lot without the use of a computer, and the order of selection
by the county political party chairmen shall also be by lot. The
selection of the precincts shall not begin until all ballots voted in the
precinct polling places have been delivered to the central counting
center. The unofficial vote totals from all precincts shall be made
public before selecting the precincts to be hand counted. Only the
ballots cast in the polling places and ballots from direct recording electronic
machines shall be included in the hand counts conducted pursuant to this section.
Provisional ballots, conditional provisional ballots and write-in votes shall
not be included in the hand counts and the early ballots shall be grouped
separately by the officer in charge of elections for purposes of a separate
manual audit pursuant to subsection G. The races to be counted shall
include at least four contested races, and shall include one federal race, one
statewide candidate race, one ballot measure and one legislative race on those
ballots. For the purposes of this section, a write-in candidacy in a race does
not constitute a contested race. In elections in which there are
candidates for president, the presidential race shall be added to the four
categories of hand counted races. each county chairman of a political
party that is entitled to continued representation on the state ballot or the
chairman's designee shall select by lot the individual races to be hand
counted. The county chairman of each political party shall designate and
provide the number of election board members as designated by the county
officer in charge of elections who shall perform the hand count under the
supervision of the county officer in charge of elections. For each
precinct that is to be audited, The county chairmen shall designate at least
three board workers who are registered members of any or no political party,
and the county election officer shall provide for compensation for those board
workers. If the board workers selected by the county chairmen fail to
appear and perform the hand count pursuant to this subsection, no hand count
will be conducted and the electronic tabulation is deemed the official count.
D. If the
randomly selected races result in a difference in any race that is less than
the designated margin when compared to the electronic tabulation of those same
ballots, the results of the electronic tabulation constitute the official count
for that race. If the randomly selected races result in a difference in
any race that is equal to or greater than the designated margin when compared
to the electronic tabulation of those same ballots, a second hand count of
those same ballots and races shall be performed. If the second hand count
results in a difference in any race that is less than the designated margin
when compared to the electronic tabulation for those same ballots, electronic
tabulation constitutes the official count for that race. If the second
hand count results in a difference in any race that is equal to or greater than
the designated margin when compared to the electronic tabulation for those same
ballots, the hand count shall be expanded to include a total of twice the
original number of randomly selected precincts. Those additional precincts
shall be selected by lot without the use of a computer.
E. In any
expanded count of randomly selected precincts, if the randomly selected
precinct hand counts result in a difference in any race that is equal to or
greater than the designated margin when compared to the electronic tabulation
of those same ballots, the final hand count shall be extended to include the
entire jurisdiction for that race. If the jurisdictional boundary
for that race would include any portion of more than one county, the final hand
count shall not be extended into the precincts of that race that are outside of
the county that is conducting the expanded hand count. If the expanded
hand count results in a difference in that race that is less than the
designated margin when compared to the electronic tabulation of those same
ballots, the electronic tabulation constitutes the official count for that
race.
F. If a final
hand count is performed for an entire jurisdiction for a race, the final hand
count shall be repeated for that race until a hand count for that race for the
entire jurisdiction results in a count that is identical to one other hand
count for that race for the entire jurisdiction and that hand count constitutes
the official count for that race.
G. After the
electronic tabulation of early ballots and at one or more times selected by the
chairman of the political parties entitled to continued representation on the
ballot or the chairman's designee, the county officer in charge of elections
shall randomly select one or more batches of early ballots that have been
tabulated to include at least one batch from each machine used for tabulating
early ballots and shall securely sequester those ballots along with their
unofficial tally reports for a postelection manual audit. The county
officer in charge of elections shall randomly select from those sequestered
early ballots a number equal to one per cent of the total number of early
ballots cast or five thousand early ballots, whichever is less. From
those randomly selected early ballots, the county officer in charge of
elections shall conduct a manual audit of the same races that are being hand
counted pursuant to subsection C. If the manual audit of the early
ballots results in a difference in any race that is equal to or greater than
the designated margin when compared to the electronically tabulated results for
those same early ballots, the manual audit shall be repeated for those same
early ballots. If the second manual audit results in a difference in that
race that is equal to or greater than the designated margin when compared to
the electronically tabulated results for those same early ballots, the manual
audit shall be expanded only for that race to a number of additional early
ballots equal to one per cent of the total early ballots cast or an additional
five thousand ballots, whichever is less, to be randomly selected from the
batch or batches of sequestered early ballots. If the expanded early
ballot manual audit results in a difference for that race that is equal to or
greater than the designated margin when compared to any of the earlier manual
counts for that race, the manual counts shall be repeated for that race until a
manual count results in a difference in that race that is less than the
designated margin. If at any point in the manual audit of early ballots
the difference between any manual count of early ballots is less than the
designated margin when compared to the electronic tabulation of those ballots,
the electronic tabulation shall be included in the canvass and no further
manual audit of the early ballots shall be conducted.
H. During any
hand count of early ballots, the county officer in charge of elections and
election board workers shall attempt to determine the intent of the voter in
casting the ballot.
I. Notwithstanding
any other law, the county officer in charge of elections shall RETAIN custody
of the ballots for purposes of performing any required hand counts and the
officer shall provide for security for those ballots.
J. The hand
counts prescribed by this section shall begin within twenty-four hours after
the closing of the polls and shall be completed before the canvassing of the
election for that county. The results of those hand counts shall be
provided to the secretary of state, who shall make those results publicly
available on the secretary of state's web site.
K. For any
county in which a hand count has been expanded to all precincts in the
jurisdiction, the secretary of state shall make available the escrowed source
code for that county to the superior court. The superior court shall
appoint a special master to review the computer software. The special
master shall have expertise in software engineering and shall not be affiliated
with an election software vendor nor with a candidate and shall sign and be
bound by a nondisclosure agreement regarding the source code itself, and shall
issue a public report to the court and to the secretary of state regarding the
special master's findings on the reasons for the discrepancies. The
secretary of state shall consider the reports for purposes of reviewing the
certification of that equipment and software for use in this state.
L. The vote
count verification committee is established in the office of the secretary of
state and all of the following apply:
1. At least
thirty days before the 2006 primary election, the secretary of state shall
appoint seven persons to the committee, no more than three of whom are members
of the same political party.
2. Members of
the committee shall have expertise in any two or more of the areas of advanced
mathematics, statistics, random selection methods, systems operations or voting
systems.
3. A person is
not eligible to be a committee member if that person has been affiliated with
or received any income in the preceding five years from any person or entity
that provides election equipment or services in this state.
4. The vote
count verification committee shall meet and establish one or more designated
margins to be used in reviewing the hand counting of votes as required pursuant
to this section. The committee shall review and consider revising the
designated margins every two years for use in the applicable elections.
The committee shall provide the designated margins to the secretary of state at
least ten days before the primary election and at least ten days before the general
election, and the secretary of state shall make that information publicly
available on the secretary of state's web site.
5. Members of
the vote count verification committee are not eligible to receive compensation
but are eligible for reimbursement of expenses pursuant to title 38, chapter 4,
article 2. The committee is a public body and its meetings are subject to
title 38, chapter 3, article 3.1 and its reports and records are subject to
title 39, chapter 1.
Sec. 6. Section 16-663,
Arizona Revised Statutes, is amended to read:
16-663. Recount of votes;
method
A. The superior court to
which the facts requiring a recount are certified shall forthwith make and
enter an order requiring a recount of the votes cast for such office, measure
or proposal. The recount shall be conducted in accordance with the
laws pertaining to contests of elections.
B. When the court orders
a recount of votes which were cast and tabulated on electronic voting
equipment, such recount shall be pursuant to section 16‑664. On completion of the recount, and for legislative, statewide
and federal candidate races only, the county chairmen of the political parties
entitled to continued representation on the ballot or the chairman's designee
shall select at random without the use of a computer five per cent of the
precincts for the recounted race for a hand count, and if the results of that
hand count when compared to the electronic tabulation of that same race are
less than the designated margins calculated pursuant to section 16‑602, the
recount is complete and the electronic tabulation is the official result.
If the hand count results in a difference that is equal to or greater than the
designated margin for that race, the procedure established in section 16-602,
subsections D, E, F and G applies.
Sec. 7. Emergency
This act is an emergency measure
that is necessary to preserve the public peace, health or safety and is
operative immediately as provided by law.
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